( 1 ) RESPONDENT No. 1 in Criminal Appeal No. 798 of 1979 and Criminal Appeal No. 889 of 1979 was original accused No. 1 in the trial Court. The appellant in Criminal Appeal No. 1259 of 1979 was original accused No. 2 in the trial Court while the appellant in Criminal Appeal No. 1260 of 1979 was original accused No. 3 in the trial Court. Respondents Nos. 2 to 7 in Criminal appeal No. 798 of 1979 and Criminal Appeal No. 889 of 1979 were original accused Nos. 4, 5, 6, 7, 8 and 9 respectively. Hence we will refer to these respondents and appellants by their respective positions before the trial Court.

( 2 ) THE facts leading to the filing of these appeals may be briefly stated as follows:-VAHIDKHAN Munavarkhan Pathan, P. W. 5, Ex. 9, serving as an Inspector in the Customs Department, accompanied by some other officials of the said Department, including one Amarkotia, Superintendent of the said Department raided the residential premises of accused Nos. 2 and 3 on 26-2-1976 and 27-2-1976 and seized synthetic fabrics of foreign origin, lighter flints of foreign origin, etc. , the total value of the said goods being Rs. 3,55,645-60 p. These goods were seized under a reasonable belief that the said goods were of foreign origin and as such smuggled goods liable to confiscation under the Customs Act, 1962 read with Import and Export Control Order, 1947. Accused Nos. 2 and 3 failed to produce any voucher, bill or evidence of licit import. On interrogating these two accused, it was disclosed that accused Abdulmohmed Bhara, Arvind Bhailal Mehta, Babu alias Babla and one Ibrahim had arranged to bring these goods in truck No. G. T. Y. 2805 from sea coast of Bhuj, the truck being piloted by a jeep driver one Jumma Valimohmed. The said goods were unloaded in the garden (Wadi) of Jumma Valimohmed at village Mokha in Kutch. The truck was owned by one Mohmed Ahmed Manjoti and Jumma Valimohmed hired the said truck from the said Mohmed Ahmed Manjoti for transporting the goods from Bhuj sea coast side to Ahmedabad and accordingly the said goods were transported from Bhuj to Ahmedabad on or about 18-2-1976. Mohmed Ahmed Manjoti had driven the truck from village Palia to Ahmedabad along with Alimohmed Bhara, Arvind Bhailal, Babu alias Babla and one Ibrahim. Abdullamiya Usmanmiya Pathan, accused No. 3 happens to be the brother of Abdulgafar Usmanmiya Pathan, accused No. 8. Abdulgafar Usmanmiya Pathan aided and abetted in storing the smuggled goods in the residential premises of accused Nos. 2 and 3. The said smuggled goods were transported to Ahmedabad at the instance of accused No. 1 who is said to be the owner of these contraband goods. Kamruddin Samshedbhai being the octroi Naka clerk at the Ahmedabad city arranged to bring the said smuggled goods through the Octroi Naka without the truck being checked at the said Naka. Shri V. B. Gohil, Superintendent of Customs at Ahmedabad on these allegations filed a Criminal complaint in the Court of the Chief Metropolitan Magistrate, Ahmedabad and it was registered as Criminal Case No. 979 of 1977. The complaint was filed against ten persons including the two appellants and the seven respondents in these appeals. The learned Chief Metropolitan Magistrate separated the case against Zafar Jusabhai Manjoti, original accused No. 4 named in the complaint and against Ibrahim Bachhol Bafar, original accused No. 9 named in the complaint as they could not be traced, while he discharged Jumma Valimohmad, original accused No. 10 named in the complaint. Hence, the trial proceeded against only 10 accused, seven of whom are respondents in the two appeals and the rest two are appellants in the other two appeals as stated by us in the beginning. The learned Metropolitan Magistrate framed charge at Ex. 50 against these ten accused for an offence punishable under section 135 of the Customs Act. Accused Nos. 1 and 3 to 9 came out with a total denial and stated that they were not at all concerned with any of these